Racism and Discrimination

Although race relations legislation has been in force in the United Kingdom since 1965 and has developed considerably to protect against increasingly subtle forms of discrimination, Gypsies and Travellers are still experiencing discrimination of the most overt kind: ‘No blacks, no Irish, no dogs’ signs disappeared decades ago, but the ‘No Travellers’ signs, used intentionally to exclude Gypsies and Travellers, are still widespread, indicating that discrimination against these groups remains the last ‘respectable’ form ofracism in the United Kingdom. This is supported by the findings of a 2003 Mori poll conducted in England in which 34 per cent of respondents admitted to being personally prejudiced against Gypsies and Travellers.

In 2004, Trevor Phillips, the former Chair of the Commission for Racial Equality (CRE) and now the Chair of the Equality and Human Rights Commission (EHRC), compared the situation of Gypsies and Travellersliving in Great Britain to that of black people living in the American Deep South in the 1950s and, in 2005, Sarah Spencer, one of the CRE’s Commissioners, drew further attention to their plight in an article entitled ‘Gypsies and Travellers: Britain’s forgotten minority’:

The European Convention on Human Rights … was a key pillar of Europe’s response to the Nazi holocaust in which half a million Gypsies were among those who lost their lives. The Convention is now helping to protect the rights of this community in the United Kingdom … The majority of the 15,000 caravans that are homes to Gypsy and Traveller families in England are on sites provides by local authorities, or which are privately owned with planning permission for this use. But the location and condition of these sites would not be tolerated for any other section of society. 26 per cent are situated next to, or under, motorways, 13 per cent next to runways. 12 per cent are next to rubbish tips, and 4 per cent adjacent to sewage farms. Tucked away out of sight, far from shops andschools, they can frequently lack public transport to reach jobs and essential services. In 1997, 90 per cent of planning applications from Gypsies and Travellers were rejected, compared to a success rate of 80 percent for all other applications … 18 per cent of Gypsies and Travellers were homeless in 2003 compared to 0.6 per cent of the population …Lacking sites on which to live, some pitch on land belonging to others; or on their own land but lacking permission for caravan use. There follows a cycle of confrontation and eviction, reluctant travel to a new area, new encampment, confrontation and eviction. Children cannot settle in school. Employment and health care are disrupted. Overt discrimination remains a common experience … There is a constant struggle to secure the bare necessities, exacerbated by the inability of many adults to read and write, by the reluctance of local officials to visit sites, and by the isolation of thesecommunities from the support of local residents … But we know that theseare communities experiencing severe disadvantage. Infant mortality is twice the national average and life expectancy at least 10 years less than that of others in their generation.’

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Race Relations Act

English Gypsies and Irish Travellers – Today, both English Gypsies and Irish Travellers are recognised as distinct ethnic minority groups in law because they are recognised as members of a community with a share history stretching back over hundreds of years. As such they are granted the full protection of the Race Relations Act.

New Travellers - New Travellers are not a legally recognised ethnic minority group because their history only goes back to the early 1960’s. However, all individuals and groups are granted protection under The Human Rights Act.

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Types of Discrimination

The Traveller community faces harassment and discrimination on a daily basis as a result of negative stereotypes and deeply ingrained cultural prejudges. Unfortunately, many instances of harassment and discrimination go unchallenged because they are subtle and indirect. However, there are ways to counter harassment and discrimination and there are specific instances when it can be successfully challenged.

Direct Discrimination – Direct discrimination happens when and individual or body (such as a brewery, shop or a service provider, etc…) openly discriminates against an individual or group because of who they are. Examples of this would be things like a pub or shop putting a sign on the door say ‘No Travellers.’

Indirect Discrimination – Indirect discrimination happens when a service provider such as a local authority, health authority, school, etc… excludes an individual or group or restricts their access to services because of who they are. Examples of this would be a local authority housing department refusing to put a Traveller on a housing waiting list because because they have not been resident in the housing authority’s area for more than six months. Because Travellers face continuous eviction and are often forcibly moved from one area to the next, it is often impossible for them to be resident in one specific locality for a sufficient length of time. The Traveller concerned would have to show that they had remained in the general area (i.e., the county) and had local links (such a children attending local school or a history of employment).

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FFT’s experince of Race Hate Crimes:

Initial casework statistics show 9% of our clients reporting race hate incidents. On deeper analysis 21% of clients had some race-related aspect to their case. This analysis took into consideration the evidence in the casenotes of what the client had described in relation to the issue they were reporting. It is telling to note that many clients did not ever mention words such as ‘racism’ or ‘discrimination’ in this reporting.

Consultation with outreach and case workers has shown that clients are heavily under reporting racist incidents. Issues that get reported to FFT are those which people see as either very serious or as something that there may be a solution to. Racism is seemingly so common that members of our client group have come to accept ‘minor’ racist incidents as part of their everyday lives.

21% of FFT’s clients are experiencing racism. This is an unacceptably high figure, but once the anecdotal evidence of under-reporting is factored in, racism becomes the single issue most likely to be experienced by our client group.

Taken from Issues facing the Gypsy & Traveller Community which may be addressed by the establishment of self- help groups.

Recommendations

This casework analysis will inform a promotional campaign to encourage the reporting of hate crime by members of the community; working with Community Safety agencies and Crime and Disorder Reduction Partnerships to encourage Gypsies and Travellers to report incidents.

Issues facing the Gypsy & Traveller Community which may be addressed by the establishment of self- help groups: A  Report by Friends, Families & Travellers (FFT), April 2010
The Equality and Human Rights Commission has provided FFT with funding to undertake an analysis of current casework files to identify suitable issues around which self help groups might be established, to provide an analysis of the resources needed and a rationale for the chosen options.
Download Report here

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Race Hate Case Studies:

Case Study A

Client A called our national advice line after being refused service in a pub. The client had been to his local pub after the management had changed. He was told that they didn’t serve Travellers because some Travellers had been in a fight on the premises. The Travellers who had been involved in the fight were not way related to our client. When our client challenged the ban, he was informed that the police had advised the landlord to take this action.

We served the publican with an RR65 (Race Relations Questionnaire) and made a complaint to the Police regarding their advice.

Case Study B

A client contacted our advice line after her daughter’s wedding was spoiled by the actions of hotel workers. The family had booked a large, expensive wedding with the hotel. It was booked well in advance and initially the hotel staff/manager/wedding coordinator were friendly and helpful. Then a wedding guest stayed in the hotel on other business and mentioned that they were coming back for a Gypsy wedding.

At the next meeting with the wedding coordinator they were asked outright if they were Gypsies. When they said yes the hotel came up with a list of further requirements that had not been in the original contract, including; additional security personnel, fencing around the marquee and an additional deposit against damages. The service they received was also affected; the bar was closed early, they were barred from the main dining room of the hotel for breakfast and staff members were generally rude to them.

We referred this case and it was taken on by the legal team of the Equality and Human Rights Commission.

Case Study C

A vulnerable homeless family were being supported by our outreach team. The mother was pregnant and one of the older children in care. They went from emergency B & B accommodation to housing. Neighbours in the new house were seriously racially abusive towards the family shouting “Pikey” and smearing excrement on their door.

We supported the family to access police and victim support. We also assisted with getting the family rehoused.

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Reporting Hate Crime:

The police service has launched a new way for victims of hate crime to report the crime online.  The website, called True Vision, is supported by all police forces in England, Wales and Northern Ireland and can be accessed at:

http://www.report-it.org.uk/racist_or_religious_hate_crime1

True Vision provides information for victims and the public about what hate crime is, why it is important to report it when it happens, and sets out the range of ways hate crimes can be reported, including via a new online reporting form.  The site also provides links to organisations that can offer support and advice on hate crime related issues.

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Resources

Download the FFT Race Hate Crime poster

Download the FFT Race Hate Crime poster for your community

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Further links:

List of Traveller Friendly Solicitors, compiled by Marc Willers and FFT (Download as PDF)
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Using EU law to tackle anti-Roma discrimination by Marc Willers and Siobhán Lloyd: Part 1, Part 2. First published in the Legal Action group magazine in October and November 2011.
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Profiles of Prejudice summary (Mori, 2003 for Stonewall)
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YourRights.org.uk: Racism and Discrimination
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How to make a police complaint